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Real Estate Fundamentals
Section 2 - Estates & Property Rights
53
Other
Professional
06/15/2013

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Cards

Term
Feudal System
Definition
the king owned all the land and leased the land to lords who subleased land to vassals
Term
Allodial System
Definition
an individual can hold title to real property in absolute independence
Term
Current System
Definition
In the US it is not pure form of the alloidal system because the government retains rights in privately owned land
Term
Estates in land
Definition
sufficient rights to enable possession of the property
Term
Type of Estates in land
Definition

1. Freehold estates

2. Life Estates

Term
Freehold Estates
Definition

ownership estates for unpredictable duration

 

you own it forever; inheritable

Term
Fee Simple absolute estate
Definition

the highest and most complete form of ownership

 

1) Includes all available rights in the "bundle of rights"

2) This estate is an inheritable estate

Term
Qualified fee estate (Defeasible fee estate)
Definition
Ownership interest with a condition
Term
Determinable fee estate
Definition

type of freehold estate that grants the right to use and occupay a property until the occurence of a designated event.

 

The original grantor retains a "possibility of reverter"  (possibility to regain the right to use and possess the property)

 

ex. when someone deeds the property over but when and event comes up, it goes back to the owner

Term
Fee Simple subject to a condition subsequent
Definition

Grants the right to use and occupy a property until the occurence of a designated event

 

The original granor retains the right to reentry

Term
Life estates
Definition
the conveyance of fee title for the duration of someone's life
Term
Convectional life estate
Definition

Grants the right to use and occupy a property to a life tenant until the the death of the life tenant

 

At the death of the life tenant, the property either:

  • Reverts to the original grantor (revisioner) who holds a reversionary interest. A reversionary interest is an inheritable interest
  • or, goes to third party (known as the remainderman) who holds a remainder interest(which is also inheritable)
  • Life tenant may lease or convey but most not commit wast of property
Term
Life estate pur autr vie (for the life of another)
Definition
  • grant the rights to use and occupy a property to a life tenant until the death of someone other than the life tenant
  • when the third party dies, the property either reverts to the revisioner or goes to a remainderman
Term
Dower Rights
Definition
give the wife rights in a deceased husbands property
Term
Curtesy Rights
Definition
give the husband rights in a deceased wife's property
Term
Community property
Definition
gives a husband and wife equal interest in all property acquired during the term of the marriage
Term
Homestead Protection Laws
Definition

protect a family's home from actions taken by certain creditor's

Term
Leasehold Estates
Definition

the personal property of the lessee (tenant), the lessor owns the leased fee (a fee simple estate minus the rights conveyed in the lease) and provides use and occupancy of the land, but not ownership

Term
What are the 4 types of leasehold estates?
Definition

1. Estate for years

2. Estate from year to year

3. Estate at will

4. Tenancy at sufferance

Term
Estate for years
Definition

1. Has a fixed term

2. Does not automatically renew

3. Does not require a termination notice

Term
Estate from year to year
Definition

1) Has a fixed term

2) Automatically renews if not terminated

3) Requires a temination notice

Term

Estate at will


 

Definition

1) Has no fixed term

2) Lasts until one of the parties provides a termination notice

Term
Tenancy at sufferance
Definition
  • Occurs when tenants retain use an possession of a property beyond legal tenancy without the landlord's consent
  • The tenant is known as a holdover tenant
  • Different from a trespass in that the holdover tenant's intial entry was legal
Term
Government interests in privately owned land
Definition

P.E.T.E.

Police power - protect the safety, health and general welfare of the public through zoning

Escheat- if an owner dies intestate (with no will) and no heirs, the property of a decedent goes to the state

Taxation - raise funds for governent

Eminent Domain - the governements right to take private land for public use

Term
Condemnation Suit
Definition

the legal proceeding used by the government to excercise the right of eminent domain

Term
Just compensation
Definition
the party whose estate is taken must be paid
Term
Encumberances
Definition
a claim, limitation, liability or charge which attaches to real estate

Title defect / cloud on title
Term
Easement
Definition
non-possessory right to use land owned by another (air, surface or subsurface
Term
Easement appurtenant
Definition
easement that runs with the land, when the land is conveyed, the easement is also automatically conveyed

2 oarties envovled
Term
Servient tenant
Definition
one lot is burdened by the easement
Term
Dominant tenement
Definition
one lot that benefits from the easement
Term
Easement in gross
Definition
an easement involving only one lot

sewers are gross!

one home involved

Utility easement
Term
Affirmative easement
Definition
easement when a landowner has the right to cross over another's land
Term
Negative easement
Definition
easement when a property owner who cannot re-counter land or build in such a way that would alter the normal flow of surface water in a drainage easement
Term
How are easements created
Definition
express agreement
Reservation in a deed
Necessity
Prescription (21years)
Condemnation
Implication
Term
Deed restrictions
Definition
limitations placed in a deed by a grantor, which restrict the way land is used, improved, or maintained

Restrictive covenants
Term
Encroachments
Definition
unauthorized intrusion of real property onto another's land (air space, surface, or sub surface)
Term
Adverse possession
Definition
a form of encroachment using title prescription

a way of acquiring fee ownership of another's land by using and possessing another's land for a statutory time period (21yrs in pa)
Term
License
Definition
a personal privilege, granted to another, which is not an interest in real estate
Term
Licensor
Definition
party granting the license
Term
Liens
Definition
a charge or claim on the property of another to secure the payment of a debt or obligation
Term
Two type of liens
Definition
General lien - is against the individual and attaches to all of the assets of the debtor in the county where the lien is recorded

Specific lien - attaches to a single property
Term
Priority of liens
Definition
when the property is sold the proceeds go to the highest priority - TAX LIENS IS HIGHEST
Term
Voluntary liens
Definition
placed against property with the knowledge and concsent of the owner
Term
Involuntary liens
Definition
are placed against property without the consent of the owner
Term
Mortgage liens
Definition
voluntary liens in which a mortgagee places a liens against a mortgagors's (borrower) property as a security for a mortgage loan
Term
Real estate tax liens
Definition
involuntary liens because a tax against real estate is unpaid
Term
Judgement Liens
Definition
created by a court - involuntary
Term
Confession of judgement
Definition
voluntary judgement liens
Term
IRS Liens
Definition
involuntary liens resulting from unpaid federal tax obligations
Term
Estate or inheritance tax liens
Definition
involuntary liens against a deceased person's property
Term
Corporation franchise tax liens
Definition
involuntary liens because a corporation has not paid the state tax that enables the corporation to do business in the state
Term
Mechanic's liens
Definition
involuntary liens that are in favor of a person who supplied labor or material in the improvement of real estate
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